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Photovoltaic panels on the condominium roof

Photovoltaic panels on the condominium roof

Photovoltaic panels on the condominium roof: info on the installation ofsolar panelson theroof of the condominium. Surface division and legislation.

Forinstall photovoltaic panelson the roof of a private home, by now, a communication to the municipality of residence by means of the so-calledunique model for photovoltaics. The speech becomes more intense when thephotovoltaic systemis intended for roof of an apartment building or a place of particular landscape value.

In case of photovoltaic in areas with high landscape value, it is necessary to ask for the authorization from the superintendency of the assets, in this regard we invite you to read the article dedicated to the landscape authorization for photovoltaics. On this page we will focus on permissions for install photovoltaic on the roof of a condominium.

Article 1122-bis of the civil code

Article 1122-bis of the civil code regulates the particular works and the procedure to be followed to complete them in the areacondominium.

In the particular case of the photovoltaic:
when a condominium communicates to the administrator his will to install solar panels on the roof of the condominium, reports that the intervention involves the modification of the common parts. Once the communication of the interested party has been received, the condominium administrator has the obligation to convene the assembly for the purpose of the appropriate resolutions, according to the third paragraph, the choice of the majority referred to in article 1136 paragraph five must be taken into consideration.

The resolution is not required by the law as a condition of admissibility or legitimacy of theinstallation of solar panels on the roof of the condominium. The assembly, in fact, has only the power to decide on appropriate measures, so it can only prescribe alternative methods for installation or impose special precautions such as securing parts of the roof.

Thanks to Article 1122-bis, the individual condominium who wants to install solar panels on the roof of the condominium, can proceed without the authorization of the assembly.

Photovoltaic panels on the condominium roof

Article 1122-bis of the Civil Code provides that:

The installation of plants for the production of energy from renewable sources intended for the service of individual units on the roof, on any other suitable common surface and on the parts owned by the interested party is allowed "

In practice, each condominium isfreeofinstall solar panels on the roof of the condominiumfor the production of electricity for personal use.

The installation can take place not only on its property but also on the other shared parts of the roof. Therefore, no division of the surface is necessary.

It is important to clarify that, after communicating to the Condominium Administrator, the permission of the assembly is not required, nor the unanimity of a possible vote. The assembly, in fact, can only ask to make changes to ensure maximum safety of the condominium,always respecting the reasonableness of the project.

The specific case of the Milan court

Thegreen light for photovoltaic panels on the condominium roofit has already been the subject of several judgments. In particular, sentence no. 11707/2014 of the court of Milan.

As the Court of Milan reiterated, the assembly does not have the power to deny the installation of a photovoltaic roof on the flat roof of the building.

The assembly can deny this intervention only if the installation of the condominium solar roof could compromise the safety of the building or if its architectural decor is altered. All cases are reported in Article 1120 of the Civil Code.

The individual condominium who in order to install the photovoltaic panels needs to modify common parts of the solar roof, is required to notify the administrator who in turn will report to the assembly.

The assembly's authorization is not required

What is the role of the condominium assembly?
With a majority vote as required by Article 1136 paragraph V of the Civil Code, the majority can only limit itself to prescribing alternative methods for carrying out the work. By majority we mean the 2/3 of condominiums that inhabit the building.

The common part of the flat roof can be used for the benefit of the individual who wishes to install solar panels.


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